Money to defend legal challenge over Pagham homes to be set aside

Arun District Council’s development control committee granted planning permission for the homes south of Summer Lane back in October.

This was despite massive concerns in the parish about this development and two other large-scale housing schemes being proposed.

Pagham Parish Council has decided to challenge Arun’s decision in the courts and has applied for a judicial review.

Arun has responded contesting the claim and a decision on whether the judicial review would go ahead is expected in the next few weeks.

Arun cabinet members will be asked to approve up to £105,000 to cover costs if it has to defend itself at a judicial review when they meet on Monday March 4.

According to the cabinet report, the parish council is arguing the granting of planning permission is legally flawed for the following reasons:

• Failure to have any or adequate regard to the statutory duty at s66 (1) Planning (Listed Building and Conservation Areas) Act 1990;

• That the Defendant (ADC) materially misled Members as to the representations from Historic England;

• The Defendant failed to understand Policy H SP2 and Policy H SP2a Arun Local Plan 2011 – 2031 and/or failed to have any or adequate regard to the Parish Council’s representations in relation to those policies; and

• The Defendant failed to have regard to alternative sites which avoided the likelihood of significant effects on the Special Protection Area, contrary to paragraph 175 (a) of the NPPF.

Proposals for 280 homes north of Sefter Lane were given the go-ahead in November, but another large-scale development for 300 homes north of Hook Lane was rejected in January.

Arun is currently attempting to fight off another legal challenge which was launched after councillors approved a new Marks & Spencer foodhall off the A259 between Angmering and Rustington.